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Business Development: Playing The Right Card
Leor Franks
This week’s Institute of Leadership and Management report on ‘Ambition and Gender at work’ and Lord Davies independent review of Women on Boards, have once again highlighted the perennial problem of diversity in the workplace. They have also promoted a consensus-driven rather than radical approach to tackling this. But perhaps it is baby steps rather than a handbag and killer-heels solution that will be the best path to progress in the long run.
Last week the government unveiled a consultation paper on “Resolving Work Place Disputes”. This is supposed to be a show case of the government’s ideas to reform Employment Tribunals and ease burdens on employers. There are many points in the document but nearly all of them are a bit of tinkering around the edges and they are very far from an overhaul of the system.
Despite the May 2010 election of a coalition government with a stated commitment to lessen the regulatory burden on employers, 2011 promises to be a busy year for HR practitioners and employment lawyers as they prepare to absorb a whole raft of changes. Below we outline the highlights of the coming year’s legislative agenda that could significantly impact the way employers deal with their staff:
Under the old, pre-Equality Act 2010, discrimination legislation, and also under the Equality Act itself, it is unlawful victimisation for an employer to dismiss, or subject to other detriment, an employee who has performed a “protected act”. “Protected acts” can include an employee alleging unlawful discrimination.
The normal rule in English litigation is that the losing party bears the winning party’s costs. However, in Employment Tribunal cases, each party usually only pays its own legal costs, win or lose. Employers have often complained that this encourages bogus claims in which employers have to pay their own legal costs defending completely unmeritorious proceedings.
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